Ordinance No. 83-63 CITY OF TIGARD, OREGON
CITY COUNCIL ACTING AS THE LOCAL CONTRACT RAC REVIEW BOARD
ORDINANCE NO. 83-_4_ _
AN ORDINANCE SUPERSEDING RESOLUTION NO. 77-5 AND ADAPTING RULES OF THE CITY OF
TIGARD LOCAL CONTRACT REVIEW BOARD FOR THE AWARDING OF PUBLIC CONTRACTS, AND
DECLARING AN EMERGENCY.
The City of Tigard ordains as follows;
Section 1. Findings and Declarations
A. The City Council has been established as the Local Contract
Review Board for the City of Tigard with the authority to adopt
rules and regulations relating to the award of City contracts.
B. Through the adoption of rules, the City can provide for
consistent contracting practices to ensure compliance with ORS
Chapter 279, provide for an open process to assure high quality
purchases at the least cost, and minimize the risk of litigation.
Section 2. The rules adopted by Resolution No. 77-5 are superseded by this
ordinance.
Section 3. Adoption of Rules
The City of Tigard Local Contract Review Board Administrative
Rules, dated December 19, 1983, attached as Exhibit A and
incorporated by reference herein, are hereby adopted and replace
Resolution No. 77-5.
Section 4. This ordinance is necessary for the immediate preservation of the
public health, safety and welfare in order to establish rules
consistent with the rules of the State Public Contract Review
Board to reduce the potential for costly litigation and an
emergency is hereby declared to exist and this ordinance shall be
in full force and effect immediately upon its passage by the
Council.
PASSED: By r�v� njjrLc?u�__.�____ vote of all Councilm embers present,
after being read by number and title only, this _/9 _
day of 1983.
City Recorder —Cityo Tigard
APPROVED: By the Mayor, this _16 day of �i.e c e���� 1983,
Mayor Caty;of Tigard
APP ED AS' TO
I
Arty Attorney ;
(AB:pm010$9A)
0ROINANCE NO. 83-�je3`_
"EXHIBIT A"
CITY OF TIGARD
LOCAL CONTRACT REVIEW BOARD RULES
DECEMBER 19, 1983
The following administrative rules (AR) have been adopted by ti-to City Council
acting as the Local Contract Review Board and are effective December 19, 1983.
These rules have been adopted pursuant to the authority granted to the Board
by Ordinance No. --33— (.2L I The rules shall apply to all contracting,
purchasing and selling of property or professional services by the City of
Tigard.
TABLE OF CONTENTS
10.000 Contracts Exempt From Competitive Bidcknp% And Requirements
Contracts
10.010 Exemptions and Definitions
10.015 Exemption of Contracts Under Certain Dollar Amounts
10.020 Contracts for Price Regulated Items
10.025 Copyrighted Materials
10.030 Library Aggregate Purchases — Library Periodicals
10.035 Advertising Contracts
10.040 Equipment Maintenance Repair and Overhaul
10,045 Aiirti.nn Sales
10.050 Purchases Under Established Requirements Contracts
10.055 Gasoline, Diesel Fuel, Heating Oil, Lubricants and Asphalts
10.060 Requirements Contracts
10.065 Investment Contracts
10.070 Insurance Contracts
10.075 Employee Benefit Insurance
10.080 Data Processing Contr=acts
10.085 Single Seller of Products Required
10.090 Contract Amendments
10.100 Affirmative Action Contracts
20,105 Life Cycle Cost Analysis
20.000 Brand Names Or Marks
20.010 Specification of Particular Brand Names or Products
20.020 Copyrighted Materials
20.030 Single Manufacturer or Compatibility Products
20.040 Product Prequalification
40.000 Competitive Biddinq Procedure
40.010 Statutory Requirements
40.015 Receipt and Opening of Bids
40.020 Disqualification of Bidders
40.030 Mandatory Prequalification
40.040 Prequalification Application
40.045 Prequalification Prior to the Effective Date
f
40,050 Qualification Statement
40.060 Proof of Presumed qualification
40.070 Notice of Denial of Qualification f
40.080 Notice of Revocation or Revision of Prequalification
40.090 Appeals
a
50.000 Waiver Of Security Did And Performance Bond s
50.010 Bid Security Requirements
50,020 Contracts Under $10,000
50.030 Deposits In Lieu Of Retainage On Public Contracts
50.040 Approved Securities Acceptable In Lieu Of Retainage Fees
s
f
50.050 Retainage Deposited In Interest—Bearing Account
70,000 Personal Services Contracts
s
70.010 Personal Services Contracts .
80.000 Procedures
z
80.010 Rules Of Procedure
80.015 Meetings
80.020 Reports
80.025 Notice Of Rule Amendment, Adoption, Repeal
80.030 Meeting Agenda
90,000 Ems::-gency Contracts, Specific Exemption Requests Board Exception
Procedures, Temporary Exceptions
90.010 Emergency Contracts
90.015 Specific Exemptions
90.020 Brand Name Or Mark Exemptions
90.025 Conditions Of Brand Name Exemptions
90.030 Notice Of Application
90.035 Board Hearing
90.040 Temporary Rules Exemlations
90.045 Unanimous Consent Calendar
TIGARD LOCAL CONTRACT REVIEW BOARD
(! ADMINISTRATIVE RULES (AR)
AR 10.000 CONTRACTS EXEMPT FROM COMPETITIVE BIDDING AND REQUIREMENTS
CONTRACTS.
10.010 Exemptions and Definitions. All public contracts shall be based
upon competitive bidding except the following:
a. Contracts made with other public agencies or the federal
government.
b. Contracts which are exclusively for ;personal services as
defined in Section 70.000. Such contracts may include
incidental materials such as .written reports, architectural
or engineering renderings and similar supplemental materials.
c. Contracts specifically exempt under these rules:
10.015 Exemption Of Contracts Under Certain Dollar Amounts
10.020 Contracts For Price Regulated Items
10.025 Copyrighted Materials
10.030 Library Aggregate Purchases
10.035 Advertising Contracts
10.040 Equipment Maintenance Repair And Overhaul
10.045 Auction Sales
10.050 Purchases Under Established Requirements Contracts
't 10.055 Gasoline, Diesel Fuel, Heating Oil Lubricants» And Asphalt _
La 10.060 Requirements Contracts
10.065 Investment Contracts
10.070 Insurance Contracts
10.075 Employee Benefit Insurance
10.080 Data Prctessing Contracts
10.085 Single Seller Contracts
10.090 Contract Amendments (Including Change Orders
And Extra Work)
d. As used in this section:
i "Competitive bidding means the solicitation by the City
ofcompetitive offers which follow the formal process for
advertising, bid and bid opening required by ORS Chapter^
279, and applicable rules of the City of Tigard Local
Contract,Review Board:
ii "Competitive quotes" means the solicitation of offers by
the City from competing vendors. The solicitation may be
by advertisement or by the City initiating a request to
vendors to make an offer. The solicitation and the offer
may be in writing or oral.
iii "The City" or "City" means Tigard, Oregon.
f0� iv "Board" means the City of Tigard Local Cont-rzct Rou;pw
Board,
t
r
._ak. 3L1 n. ``�Y'••-f^&..:s� _ a».E',�+ ' '4 f _ .,._ ,.. er,8-...�. ._ _.. _ .< _... _. -1
10.015 Exemption Of Contracts Under Certain Dollar Amounts
T'^^ + i^ its dis roti public contracts for the
. . $.I City nay, c on, lot
purchase of goods, materials, and supplies which contain no
element of personal services in connection with their repair and
maintenance of office equipment without competitive bidding if it
has determined that the awarding of the contract without
competitive bidding will result in cost savings and the following
conditions are complied with:
a. The amount of the contract does not exceed $5,000, is for a
single project, and is not a component of or related to any
other project.
b. When the amount of the contract does not exceed $500 the
Purchasing Agent shall, where feasible, obtain competitive
quotes.
c. When the amount of the contract is more than $500, but less
than $5,000, the Purchasing Agent must obtain a minimum of
three competitive quotes. The Purchasing Agent shall keep a
written record of the source and amount of the quotes
received. If three quotes are not available, a lesser number
will suffice provided that a written record is made of the
effort to obtain the quotes.
d. cc.n ;01V 4V1 n:ay is awar'u eu trl e.r"oe ayy `eya%I wi I All �.nc
fiscal year contracts in excess of $30,000 without
competitive bidding. In computing the aggregate under this
subsection, awards under $500 shall not be included.
2. The City may, in its discretion, let public contracts for
construction, maintenance, repair, or any other contract
containing an element of personal service (other than contracts
for repair and maintenance of office equipment which are covered
under subsection 1 and contracts for road, highway or parking lot
maintenance covered under subsection 3) without competitive
bidding if the City has determined that the awarding of the
contract without competitive bidding will result in cost savings
and the following conditions are complied with:
a. The amount of the contract does not exceed $5,000, is for a
single project and is not a component of or related to any
other project.
b. When the amount of the contract does not exceed $500 the
Purchasing Agent should, where feasible, obtain competitive
quotes.
c. When the amount of the contract is more than $500, but less
than $5,000, the Purchasing Agent must obtain a minimum of
three competitive quotes. Copies of all documentation shall
be maintained by the Purchasing Agent, of the source and
amount of the quotes received. If three quotes are not
available, a lesser number will suffice provided that a
written record is made of the effort to obtain the quotes.
d. No contractor may be awarded in the aggregate within the
fiscal year contracts in excess of $20,000 without
competitive bidding. In computing the aggregate under this
subsection, awards under $500 shall not be included.
3. The City may, in its discretion, let public contracts, not to
exceed $25,000, for road, highway, or parking lot maintenance
without competitive bidding if the Purchasing Section obtains a
minimum of three competitive quotes. The Purchasing Agent shall
keep a written record of the source and amount of the quotes
received. If three quotes are not available, a lesser number
will suffice provided a written record is made of the effort to
obtain the quotes.
Statutory Authority: ORS Chapter 279
Hist:
10.020 Contracts For Price Regulated Items
The City may, without competitive bidding, contract for the
purchase of goods or services where the rate or price for the
goods or services being purchased is established by federal,
state or local regulatory authority.
i
Statutory Authority: ORS Chapter 279
Hist:
i
{ 10.025 Copyrighted Materials
If the contract is for the purchase of copyrighted materials and
there is only one supplier available for such goods, the City may
contract for the purchase of the goods without competitive
bidding.
Statutory Authority: ORS Chapter 279
Hist:
10.030Library Aggregate Purchases — Library Periodicals
a. Purchases of library materials for the City library pursuant
to the exemption rule, 10.015, are exempt front the $20,000
aggregate restriction of that rule.
{
Statutory Authority: ORS Chapter 279
b. Purchases for the library of subscriptions for periodicals
including journals, magazines, and similar publications may #'
be made without competitive bidding. -
10.035 4dvertisinq Contracts
The City may ,purchase advertising without competitive bidding.
Such contracts shall be awarded in the manner provided by ORS F
279.051. y
Statutory Authority: ORS Chapter 279
.Hist:
10.040 Equipment Maintenance Repair And Overhaul
1. Contracts for equipment maintenance, repair, or overhaul may be
let without competitive bidding, subject to the following
conditions:
a. The services and/or parts required are unknown and the cost
cannot be determined without extensive preliminary
dismantling or testing; or
b. The services and/or parts required are for sophisticated
equipment for which specially trained personnel are required
and such personnel are available from only one source.
2. The Purchasing Agent shall promptly report to the Board all
contracts for equipment maintenance, repair, and overhaul
pursuant to this exemption in which the amount exceeds $10,000.
The report shall include:
a. A brief description of the contract; and
b. The name of the company or individual performing the
contract, the basis of selection; and
c. The total dollar amount of the contract; and
d. The reasons why competitive bids or quotes were deemed to be
impractical.
Statutory Authority: ORS Chapter 279
Hist:
10_045 Auction Sales
Personal property may be sold at auction if the City determines
that the auction contemplated will probably result in a higher
net return than if the property were sold by competitive written
bid.
Statutory Authority ORS Chapter 279
Hist:
10.050 Purchases Under Established Requirements Contracts
When the price of goods and services has been established by a
requirements contract pursuant to rule 10.060, the City may
purchase the goods and services from the supplier without
subsequent competitive bidding.
Statutory Authority: ORS Chapter 279
Hist:
10055 Gasoline, biesel Fuel, Heatinq Oil, lubricants And Asphalts
f` The City may, without competitive bidding, purchase gasoline, I
diesel fuel, heating oil, lubricants, and asphalts subject to the }
following conditions:
a. Prior to selection of the contractor, the Purchasing Agent
seeks competitive quoces from a majority of vendors in the {�
area;
b. The City makes its purchase from the least expensive source,
and
c. The City retains written justification for the purchase made.
Statutory Authority: ORS Chapter 279
Hist:
10.060 Requirements Contracts
1. The City may enter into requirements contracts whereby it is
agreed to purchase requirements or an anticipated need at a
predetermined price providing the following conditions are
cu:;.<lind with:
a. The contract must be let by competitive bidding pursuant to
the requirements of Chapter 279, Oregon Revised Statutes and
applicable rules of the City's Local Contract Review Board.
b. The term of the contract must be limited to the current
fiscal year and subject to appropriations.
c. The contract is subject to no less than 30 days cancellation
by the supplier.
2. The City may request specific exemptions from the foregoing
conditions in accordance with rule 10.140.
Statutory Authority: ORS Chapter 279
Hist:
10.065 Investment Contracts
The City may, without competitive bidding, contract for the
purpose of the investment of public funds or the borrowing of
funds by the City when such investment or borrowing is contracted_
pursuant to duly enacted statute, ordinance, charter or
constitution.
Statutory Authority: ORS Chapter 279
Hist:
10.070 Insurance Contracts
` 1. Contracts for insurance where either the annual or aggregate
premium exceeds $5,000 must be let by competitive bidding or by
one of the following procedures:
a. Agent of Record: The City may appoint a licensed insurance
agent ("agent of record") to perform insurance services in
connection with more than one insurance contract. Among the
services to be provided is the securing of competitive
proposals from insurance carriers for all coverages for which
the agent of record is given responsibility:
i Prior to the selection of an agent of record, the City
Purchasing Agent shall make reasonable efforts to inform
known insurance agents in the competitive market area
that it is considering such selection. These efforts
shall include a public advertisement in at least one
newspaper of general circulation in the area. The
advertisement shall generally describe the nature of the
insurance that the City will require. If the amount of
the annual premium for insurance other than employee
benefits insurance is likely to exceed $10,000 per year,
such notice shall also include a public advertisement in
at least one insurance trade publication of general
circulation in the state.
ii An agent's appointment shall not exceed aperiod of three
years, but the same agent(s) may be selected in a
subsequent period. Agents must qualify the appointment
prior to each period as if each appointment period were
the first.
iii In selecting an agent of record, the City shall select
the agent(s) most likely to perform the most cosh
effective services.
b. Specific proposals For Insurance Contracts: The City may
solicit proposals from licensed insurance agents for the
purpose of acquiring specific insurance contracts:
i The Cite shall make reasonable efforts to inform known
N.
insurance agents ,in the competitive market area of the
subject matter of the contract, and to solicit proposals
for providing the services required in connection with
that contract. Such efforts shall include public
3: advertisements in at least one newspaper of general
circulation in the area. If the amount of annual premium
for insurance other than employee benefits insurance is
likely to exceed $10,000 per year, such notice shall also
include a public advertisement in at least one insurance
trade publication of general circulation in the state.
�i
- ii The,City shall select an agent on the 'basis of the most
competitive offer• considering coverage, premium cost, and
service to be provided.
2. Reporting Requirements:
a. If the City selects alternative subsection (1)(a) of this
rule (Agent of Record) it shall, within 30 days after the
selection of an agent of record, report to the Board the name
of the agent, the number of agents that offered to provide
the service, and the reasons for the selection.
b. the City selects alternative subsection (1)(b) of this
rule (Specific Proposals For Insurance Contracts) it shall
report to the Board all insurance contracts purchased under
this alternative. Reports for the period January 1, 1976, to
July 1, 1976, shall be filed July 31, 1976. Thereafter,
reports for the period July 1 to June 30 shall be filed by
July 31 each year. The reports shall include:
i A description of the contract;
ii The name of the company and the name of the agent;
iii The reasons why the City did not believe that the
competitive bidding was appropriate; and
iv A description of the reasons why the insurance agent and
insurance carrier were selected and other proposals
rejected.
Statutory Authority: ORS Chapter 279
Hist:
t 10.075 Employee Benefit Insurance
The City may purchase employee benefit insurance without
competitive bidding.
Statutory Authority: ORS Chapter 279
Hist:
10.080 Data Processing Contracts
1. Contracts for acquisition of data processing hardware and systems
software may be let without competitive bidding using competitive
procurement methods subject to the following conditions:
a. If the contract amount does not exceed $5,000 the Purchasing
Agent shall follow informal competitive procurement methods.
Prior to selection of a vendor, reasonable efforts will be
madA to solicit proposals from three or more vendors.
Justification of award shall be documented and become a
public record of the City.
b. If the contract amount exceeds $5,000 the City shall publish
an advertisement in a major trade publication of general
circulation. The City shall prepare both a detailed and ,a
summary report of the evaluation process, which reports shall
be part of the public record justifying the award.
2. The Purchasing Agent shall report to the Board all contracts for
data processing pursuant to this exemption in which the amount
exceeds $5,000. Reports shall be filed by July 15 of each year.
i
,I
i T e c r epart shall include:
a. The name of the company, and, if applicable, the name of a
retail vendor; and
b. The reasons why competitive bidding was determined to be
inappropriate; and
c. A description of the reasons why the contractor was selected
and other proposals rejected.
If the purpose or acquisition was made pursuant to this exemption
and rules 90.010 and 20.030 it lieu of the information required
by those sections the information may be included in this annual
report.
Statutory Authority: ORS Chapter 279
Hist:
10.065 Sin le Seller Of Product Required
Subject to all requirements of rule 20.030, the City may purchase
without competitive bidding if there is only one seller of a
product of the quality required, or if the efficient utilization
of existing equipment or supplies requires specification of a
cc;Mpat4-h7n Product for which there is only one seller.
Statutory Authority: ORS Chapter 279
Hist:
10.090 Contract Amendments (Including Work)
contract amendment for additional work including change
orders, extra work, field orders, or other change in the original
contract price may be made with the contractor without
competitive bidding subject to the following conditions:
1. The original contract was let by competitive bidding and imposes
a binding obligation on the parties covering the terms and
conditions of the additional work resulting in cost increase; or
2. If in the joint determination of the City Administrator and
Purchasing Agent the amendment has the effect of creating a new
contract, the amount of the aggregate cost increase resulting
from all amendments shall not exceed 10% of the initial contract,
or 20% of the initial contract when the initial contract is for a
public improvement for a face amount not exceeding $1,000,000.
Amendments made pursuant to section 1 of this rule will not be
included in computing the aggregate amount under this section.
Statutory Authority: ORS Chapter 279
Hist
10.100 Affirmative Action Contracts
1. Public contracts may be awarded without competitive bidding
pursuant to a specific Affirmative Action plan. Affirmative
Action is a program designed to insure equal opportunity in
employment and business for persons otherwise disadvantaged by
reason of race, color, religion, sex, national origin, age, or
physical or mental handicap, including, but not limited to,
personnel practices of contractors, "set—aside programs" and
minority business enterprises.
2. Prior to awarding any contract pursuant to this exemption, the
City Administrator shall submit to the Board in writing a
description of this affirmative action plan.
3. The Purchasing Agent shall report to the Board all contracts
which are let pursuant to this Affirmative Action plan. The
report shall include:
a. A description of the contract, including the amount thereof
and the name of the contractor; and a general description of
the type of word: to be performed or service or product to be
purchased.
b. A description of the Affirmative Action goal or goals to be
accomplished.
i .
P,vthnrity: ORS Chapter 279
Nish
10. 05 life Cacle Cost Analysis
r 1. The City may, as a part of its competitive bidding requirements,
use life—cycle cost evaluation to determine the lowest
responsible bidder subject to the following requirements:
a. The bid specifications must include an explanation of the
Evaluation formula to be used;
b. The award shall be made to the lowest bidder meeting the
specifications; and
c. The Purchasing Agent shall report to the Board all contracts
pursuant to this exemption in which the amount exceeds
$5,000. Reports shall be filed by July 15 of each year.
2. As used in this rule, life cycle costing means determining the
` cost of a product for its useful life.
y
® AR 20.000 BRAND NAMES OR MARKS
f
20.010 Specification Of Particular Brand Names Or Products
Specifications for public contracts shall not expressly or
implicitly require any product of any particular manufacturer or
seller except pursuant to an exemption under rule 20.020
(Copyrighted Materials), 20.030 (Single Manufacturer or
Compatible Products), 20.040 (Prequalified Products) or 20.050
(Specific Exemptions).
If there is no other practical method of specification, the City
may designate a particular brand name, make or product "or
equal", but this practice should be avoided whenever possible.
Statutory Authority: ORS Chapter 279
Hist:
20.020 Copyrighted Materials
The City may specify a specific copyrighted product. This
exemption does not include patented or trade mark goods.
Statutory Authority: ORS Chapter 279
Hist:
20.030 Single Manufacturer Or Compatible Products
1. If there is only one manufacturer or seller of a product, of the
quality required, or if the efficient utilization of the existing
equipment of supplies requires a compatible product of a
particular manufacturer, th-.z City may specify such particular
product subject to the following conditions:
x
a. The product is selected on the basis of the most competitive
offer considering quality and cost. The term 'cost' includes
not only the product price but also other items of expense
such as costs related to quality of conversion.
b. Prior to awarding the contract, the City has made reasonable
effort to notify known vendors of competing or comparable
products of the intended specifications and invited such
vendors to submit competing proposals. If the purchase does
not exceed $5,000, such notice and invitation may be
informal. if the amount of the purchase exceeds $5,000, such
notice shall include advertisement in at least one newspaper
of general circulation in the area where the contract is to
be performed.
2, If the amount of the purchase exceeds $5,000 and is not also
pursuant ,to the data processing exemption, rule 10.080, the
�. Purchasing Agent shall notify the Board of the specifications.
Such notice shall include:
a. A brief description of the proposed contract or contracts.
b, A detailed description of the reasons why the product and/or
( seller was selected and any competing products and/or sellers
that were rejected. The description shall also include the
efforts taken by the Purchasing Agent to notify and invite
proposals from competing vendors,
3. If the City intends to make several purchases of the product of a
particular manufacturer or seller for a period not to exceed two
years, it may so state in the notice required by paragraphs
(1)(b) and (2), and such statement shall be sufficient notice as
to subsequent purchases.
4. The Board may review the notices required by paragraph (2) and
direct the Purchasing Agent to cease and desist from such
purchasing practices or impose such conditions on the practice as
it determines advisable to comply with ORS 279.017. Such orders
shall only be effective as to subsequent purchases.
Statutory Authority: ORS Chapter 279
Hist:
20.040 Product Pregualification
1. When it is impractical to create specific design or performance
specifications for a type of product to be purchased, the City
may specify a list of approved products by reference to
particular manufacturers or sellers in accordance with the
following product prequalification procedure:
a. The Purchasing Agent has made reasonable efrorts to notify
known manufacturers or vendors of competitive products of its
intention to accept applications for inclusion in its list of
prequalified products. Notification shall include
advertisement in a trade journal of statewide distribution
when possible. In lieu of advertising, the City may notify
vendors and manufacturers appearing on the appropriate list
maintained by the Department of General Services of the State
of Oregon.
b. The City permits application for prequalification of similar
products up to 15 days prior to advertisement for bids on the
product.
2. If an application for inclusion in a list of prequalified
products is denied, or an existing prequalification revoked, the
Purchasing Agent shall notify the applicant in writing. The
applicant may appeal to the Board for a review of the denial or
revocation in the same manner as an appeal of disqualification or
denial provided in rule 40.090.
Statutory Authority: M Chapter 279
Hist:
AR 40.000 COMPETITIVE BIDDING PROCEDURE
40.010 Statutory Requirements
The City is required to award contracts to the lowest bidder
except in the following circumstances:
a. The bidder has failed to substantially comply with either the
specifications or any statutory requirement relating to
public contracting;
b. The bidder is disqualified by the City pursuant to the
applicable statutes and rule 40.020.
c. If in the judgment of the department director and the
Purchasing Agent it is in the public interest to reject all
bids pursuant to ORS 279.035.
Statutory Authority: ORS Chapter 279
Hist:
40.015 Receipt And Opening Of Bids
In any contract which is subject to competitive bidding as
defined in rule 10.010, the advertisement must state the time and
date when bids will be publicly opened. The bids should be
sealed and shall not be examined or opened by anyone until the
�. time of the public opening is specified in the advertisement.
Such bids are not public records under Ok5 i92.600 ei.. seq. urtii
the public opening.
Statutory Authority: ORS Chapter 279
Hist:
40.020 Disqualification Of Bidders
Bidders may be disqualified on any of the following grounds:
1. Lack of financial ability. If a performance bond is required to
insure performance of a contract, proof that the bidder can
acquire a surety bond in the amount required shall be sufficient
to establish financial ability. If no performance bond is
required, the public contracting agency may require such
information as it deems necessary to determine the bidder's
financial ability. In determining whether a surety company is to
be considered 'good and sufficient' the public contracting agency
may utilize the list maintained by the U.S. Department of
Treasury of surety companies acceptable on federal bonds; Best's
Rating, published by A.M. Best Company; or information maintained
by the Oregon State Department of Transportation
2. The bidder lacks the available equipment or key personnel with
sufficient experience to perform the contract.
3. The bidder has repeatedly breached contractual obligations.
f
Statutory Authority: ORS Chapter 279
Hist:
40.030 Mandatory Prequalification
Prequalification of contractors for public improvements in excess
of $50,000 pursuant to ORS 2•19.CO9 is required. All persons
desiring to bid for such contracts shall submit a completed
prequalification statement. Such statements must be prepared
during the period of one year prior to the bid date and must be
actually received by the City 15 days prior to bid opening.
Prequalifications granted pursuant to this rule shall be
effective for a period of one year. Prequalification granted
pursuant to this rule shall be for only those contracts not
exceeding a certain monetary limit based upon the financial
ability of the particular contractor. Such limits will be
designated by City of Tigard.
Statutory Authority: ORS Chapter 279
Hist:
40.040 Prequalification Application
Prequalif4cation statements required by rule adopted pursuant to
f ORS 279.039 and prequalification requests submitted pursuant to
t ORS 279.041 shall be in the form of the State of Oregon Public
Contract Review Board 'Contractors F12%4va.= .��---
'Equipment and Experience Questionnaire. ' _
Statutory Authority: ORS Chapter 279
Hist:
40.045 Pre ualification Prior To The Effective Date
In case of a prequalification that has been granted prior to the
effective date of these rules, the City may, in its discretion,
deem that pregrialification to continues for its remaining term.
Statutory Authority: ORS Chapter 279
Hist:
40.050 Qualification Statement
Upon establishment of prequalification, the City shall issue a
qualification statement in substantially the following form:
"This is to certify that
(Name of Contractor)
is qualified to perform the cla:,ses of work
as requested in its prequalification
application dated'
for contracts not to exceed $
Statutory Authority: ORS Chapter 279
Hist:
40.060 Proof Qf Presumed Qualification
A copy of the qualification statement provided by rule 40.050
accompanied by a copy of the contractor's application for
prequalificetion will constitute proof of prequalification for
purposes of the presumption established by ORS 279.047.
Statutory Authority: ORS Chapter 279
Hist:
40.070 Notice Of Denial Of Qualification
If the City does not qualify the applicant, it shall notify the
applicant in the following form:
"City of Tigard Qualification Denial
Name of Contractor
Date
You are hereby notified that your
application for prequalification has been
denied or your bid has not been qualified
for the following reasons:
contracivr- avri .. . , ____.
financial ability to perform the contract.
Contractor does not have equipment
available to perform the contract.
<;
Contractor does not have key
personnel with sufficient experience to
3 perform the contract.
Contractor has repeatedly breached
contractual obligations.
Contractor has failed to supply
promptly information requested by the City
of Tigard.
Other (Purchasing Agent must
specify)
if you desire to appeal this
disqualification or refusal of bid to the
City of Tigard Local Contract Review
Board, you must notify the Purchasing
Agent in writing within 10 days after the
mailing of this notice. The Purchasing
Agent shall notify the, City Contract
Review Board of your appeal and they, shall
..ot fv unu of the time and place of the
hearing.
Signature"
Statutory Authority: ORS Chapter 279
t Hist:
40.080 Notice Of Revocation Or Revision Of Prequalification
Upon discovery that a person prequalified is no longer qualified,
the City shall send a notification of proposed revocation or
revision of qualification in the following form:
"City of Tigard Qualification Revocation or Revision
Name of Contractor
Date
You are hereby notified that your notice of
prequalification issued upon (Date) shall be
revoked or revised for the following reasons:
Contractor does not have sufficient financial
ability to perform the contract.
Contractor does not have equipment available
to perform the contract.
Contractor does not have key personnel with
sufficient experience to perform the contract.
' Contractor has repeatedly breached
4.VIt YIV�V a.MN r' vN r'.nvrvi .i.
�.' Contractor has failed to supply promptly
information requested by the City of Tigard.
Other (State Reasons For Revocation Or
Revision))
This revocation or revision shall be effective ten
days from the date this notice was mailed unless you
provide the Purchasing Agent with evidence that the
deficiency has been corrected or you file with the
Purchasing Agent notice of appeal to the City of
Tigard Local Contract Review Board pursuant to rule
40.090. Failure to file a notice of appeal within
ten days bars any appeal to the Board. '
Signature"
Statutory Authority ORS Chapter 279
Hist:
r
IAW
/ 40.090 Appeals
`~ 1. A contractor or bidder may appeal to the Board any of the
following:
a. Notice of denial of qualification.
b. Notice of conditions varying from application for
prequalification.
c. Notice of revocation or prequalification.
d. Notice of product disqualification under Rule 20.040.
2. Notice of appeal pursuant to (a) through Via), above need not be
in any particular form so long as it is in writing addressed to
the City of Tigard Purchasing Agent and received within 10 days
after the mailing of notice to bidder or contractor regarding one
of the matters in (a) through (d) .
3. Upon receipt of the notice of appeal, the Purchasing Agent shall
forward to the Board, the contractor's prequalification
application, the notice of refusal of bid or prequalification or
revocation and the record of investigation by the Purchasing
Agent upon which the City based its refusal or revocation
together with the notice of appeal. The burden of sustaining the
refusal, disqualification or revocation is upon the City.
y 4. For purpusw� vi ivjd cal , t Yc^ !^cmbw: of the Bo rr!
constitute a quorum. Meetings for appeal pur-poses may be held
' before or following a regularly scheduled City Council meeting.
5. At any time prior to the meeting of the Board, the City may
i reconsider its revocation, revision or disqualification.
R Statutory Authority: ORS Chapter 279
Hist:
3
T w
AR 50.000 WAIVER OF SECURITY BID AND PERFORMANCE BOND
50.010 Bid Security Requirements
The City may, in its discretion, waive the bid security
requirements of ORS 279.027 for contracts other than those for
public improvements. (In the discretion of the Purchasing Agent i
the City may accept blanket bid bonds.) E
Statutory Authority: ORS Chapter 279 1
Hist: r
50.020 Contracts Under $5,000
The City may, in its discretion, waive the bid security
requirements of ORS 279.027 and performance bond requirements of
ORS 279.027 if the amount of the contract for the public
improvement is less than $5,000.
Statutory Authority: ORS Chapter 279
Hist:
is
50.030 Deposits In lieu Of Retainage On Public Contracts
1. When a contractor elects to deposit securities with a bank or
trust company in Lieu of retainage on public contracts, the
securities will be held by the custodian in fully transferable
form and under the control of the City.
2. Non--negotiable securities so deposited shall have proper
instruments attached to enable the City to effect transfer of
title should the contractor be unable to fulfill the contract
obligations.
3. The custodian bank or trust company will issue a safekeeping
receipt for the securities to the City. The receipt will
describe the securities, the par value, the n"meof the
contractor and project number or other project identification.
4. Unless otherwise mutually agreed, the value placed upon said
securities shall be market value.
5= Securities deposited in the manner described above will be
released by the bank or trust company only upon the written
instructions and authorization of the City,
6. In lieu of the above, an escrow agreement mutually acceptable to
the contractor and the City and the bank or trust company may be
used.
Statutory Authority: ORS Chapter 279
Hist:
4;
50.040 Approved Securities Acceptable In Lieu Of Retainage Fees
1. Bills, certificates, notes or bonds of the United States.
2. Other obligations of the United States or its agencies.
3. Obligations of any corporatior, wholly owned by the federal
government.
4. Indebtedness of the Federal National Mortgage Association.
5. General Obligation Bonds of the State of Oregon or any political
subdivision thereof.
6. Time certificates or deposit or savings account passbooks issued
by a commercial bank, savings and loan association, or mutual
savings bank, duly authorized to do business in Oregon.
7. Corporate bonds rated "A" or better by a recognized rating
service. —_
8. General obligation improvement warrants issued pursuant to ORS
287.502,
9. Irrevocable letters of credit from a bank doing banking business
in Oregon.
Statutory Authority: ORS Chapter 279
Hist:
50.050 Retainage Deposited In Interest-Bearing Account
1. When a contractor elects to have an interest-bearing account
established for deposit of retainage in a bank, savings bank,
trust company, or savings association, the account will be
established by the City for the benefit of and under the control
of the City with interest acc;wing to the contractor.
2. When the account is established, proper instruments shall be �
furnished to the bank, savings bank, trust company, or savings
association to prohibit withdrawal or transfer of the funds in
the account except upon written instructions and authorization of
the City and to enable the City to close the account if in the
Judgment of the City the contractor has not fulfilled the
contract obligations.
3. The bank, savings bank, trust company, or savings association
will issue to the City a receipt acknowledging the deposit and,
on the initial receipt, describing the account, the provision for
interest, the name of the contractor, and the full name under
which the account is established.
A,. The amount deposited and accrued interest will be released by the
bank, savings bank, trust comp .ny, or savings association only
upon the written instructions by the City.
Statutory Authority ORS Chapter 279
Hist:
i
t
AR 70.000 PERSONAL SERVICES CONTRACT
70.010 Personal Services Contracts
j
4
The City may enter into personal services contracts as provided
by 10,010fb% based upon the following:
1. The following are personal service contracts:
P
a. Contracts for services performed as an independent contractor
in the professional capacity, including but not limited to
the services of an accountant; attorney; architectural or
land use planning consultant; physician or dentist;
registered professional engineering; appraiser or surveyor; '
passenger aircraft pilot; aerial photographer; timer cruiser;
or broadcaster.
b. Contracts for services as an artist in the performing or fine
arts, including but not limited to photographer, film—maker;
painter; waver; sculpture. `
C. Contracts for services of a specialized creative and research
oriented, noncommercial nature.
d. Contract for services as a consultant.
e. Contracts for educational and human custodial care services. }
t
2. The following are NOT personal service contracts
,a. Contracts, even though in a professional capacity, if #
predominately for N- product, e.g. , a contract with a
landscape architect to design a garden is for personal F s
services, but a contract to design a garden and supply all
the shrubs and trees is predominately a tangible product.
b. A contract to supply labor which is a type that can generally
be done by any competent worker, e.g., janitorial, security
guard, crop spraying, laundry and landscape maintenance �
service contracts. S
c. Contracts for trade related activities considered to be labor
and material contracts.
d. Contracts for services of a trade—related activity, even E+
though a specific license is required to engage in the
> activity.
Statutory Authority: ORS Chapter 279
Hist:
w
_ ti
t
AR 80.000 PROCEDURES
80.010 Rules Of Procedure
Roberts Rules of Order, excepting that seconds will not be
required, will govern proceedings of the Board where they do not
conflict with these rules or statutory provisions.
Statutory Authority: ORS Chapter 279
Hist:
r
80.015 Meetings
1. The applicable provisions of the Public Meetings Law shall ?
control the notice and character of meetings of the Board.
2. Meetings of the Board may be held by conference telephone call
i
after required public notice. The Chairperson shall conduct the
meeting using a speaker telephone attachment.
3. On urgent or perfunctory matters, the Chairperson may, by
telephone, poll the members of the Board. Electronic transcripts
of the polling calls will be made and retained. In the course of
a poll, any member may request the matter be discussed by j
conference call or deferred to a meeting.
s' 4. Prior to conference calls or telephone polls, the press and
public, including persons directly interested in the subject
matter of the poll, shall be givers nc^tir- that thea
may be present in the office of the Chairperson at the time of
the meeting or poll.
Statutory .Authority: ORS Chapter 279
Hist:
80.020 Reports
All reports required to be submitted to the Board by those rules
or statutes shall be provided to Co.a.,, uvw. .w .,......b_. In advance of
the date the item is scheduled for review.
Statutory Authority: ORS Chapter 279
Hist:
80.07.5 Notice Of Rule Amendment, Ado ption,_Repeal
Notices of amendment, adoption or repeal of rules, including
contract exemption rulings and of meetings of the Local Contract
Review Board and the agenda of the meetings shall be sent to the
following at least three (3) days prior to the meeting:
/ a. Press: ''lie:.Oregonian, The .Tigard Times,: The Daily Journal of
b. Management and Labor: Association of Oregon industries;
Associated General Contractors; Oregon Construction Industry
Council, Oregon AFL--CIO, and Oregon State Building Trades
{ Council.
c. Any persons requesting notice in writing who show themselves
in a position to be affected by the Board's determination.
Statutory Authority: ORS Chapter 279
Hist:
80.030 Meeting Agenda
The agenda of the meetings of the Board shall include the
following:
a. Unanimous consent calendar pursuant to rule 90.045 including
a brief description of the contract exempted and the amount
of the contract.
b. Consideration without hearing of pending applications for
exemption. The agenda will list all proposed pending
exemptions with a brief description of proposed exemptions
including the amount of the contract.
c. Consideration with hearing of pending applications for
exemption rulings.
d. Contested case hearings of appeals of disqualifiation or
q,
revocation or prequalificatirn, including the name of the
contractor ana ine grounds of the proposeci disquatiracazion
hor revocation or prequalification.
Statutory Authority ORS Chapter 279
Hist:
w
ssx
AR 90.000 EMERGENCY CONTRACTS; SPECIFIC EXEMPTION REQUESTS; BOARD EXEMPTION
PROCEDURES, TEMPORARY EXEMPTIONS
90.010 Emergency Contracts
1. The City Administrator may, in the Administrator's discretion,
authorize or let public contracts without competitive bidding if
an emergency exists and the emergency consists of circumstances
that could not have been reasonably foreseen and requires prompt
execution of a contract to remedy the condition.
2. The City Administrator or the Administrator's representative must
declare that emergency and make detailed written findings
describing the emergency conditions necessitating prompt
execution of the contract. A copy of the findings together with
the amount of the contract and the name of the contractor shall
be immediately forwarded, by the Purchasing Agent, to the Board.
Statutory Authority: ORS Chapter 279
Hist:
90.015 Specific Exemptions
1. The Purchasing Agent may apply to the Board for a ruling under
rules 90.030 through 90.045 exempting a particular contract or
contracts from competitive bidding requirements of ORS 279.015
which are not otherwise exempted under these rules. The
application shall contain the following information:
a. The nature of the project;
{
r
b. Estimated cost of the project;
c. A narrative description of the cost savings anticipated by
the exemption from competitive bidding and the reasons
competitive bidding would be inappropriate;
d. Proposed alternative contracting and purchasing practices to
be employed; and
e. The estimated date by which it would be necessary to let the
contract.
2. The Board may require such additional information as it deems
necessary to determine whether a specific contract is to be
exempt from competitivebidding.
Statutory Authority: ORS Chapter 279
Hist:
90.020 Brand Name Or Mark Exemption Applications
"A The PurchasingAgent may apply; for and receive a brand "ama or
mark exemption ruling from the Board for current and contemplated
future purchases. Applications shall contain the following
information:
a. A brief description of the contract or contracts to be
fJ covered. The description should include contemplated future
purchases.
b. The brand name, mark or product to be specified.
c. The reasons the Purchasing Agent is seeking the exemption.
Statutory Authority: ORS Chapter 279
Hist:
90.025 Conditions Of Brand Name Exemptions
i
The Board may grant exemptions if the following conditions are
met: E
3
a. The exemption is not likely to encourage favoritism in public
contracts or substantially diminish competition and will
result in cost savings.
b. Three is only one manufacturer or seller of the product of
the quality required, or efficient utilization of existing
equipment or supplies requires acquisition of compatible t
equipment or supplies.
c. The exemption is requested for the purchase of a particular
product to be used in an experimental project.
^4 :i:invu Allthnr .t`: ORS Chapter 279
Hist:
90.030 Notice Of Application
Upon receipt of an application for an exemption ruling under rule
90.015 or rule 20.040, the Chairperson of the Board shall set the
matter for public hearing to receive data, views, arguments and
shall cause a notice of intention to adopt an order to be posted
in full public view in the City Hall and shall publish notice of
the 'intention to adopt the order in a newspaper of gencr•al
circulation at least 7 days prior to the hearing.
Statutory Authority: ORS Chapter 279
Hist:
90.035 Board Hearing
The application will be placed on the Board's agenda for the next
Board meeting, and, in the exercise of discretion, the
Chairperson may also set additional public meetings to receive
data, views and arguments.
Statutory Authority: ORS Chapter 279
Hist:
90.040 Temporary Rules Exemptions
In appropria;.,� cases, the Chairperson of the Board may grant a
temporary exemption from public bidding pending formal
consideration of a specific exemption.
Statutory Authority: ORS Chapter 279
Hist:
90.045 Unanimous Consent Calendar
The Chairperson of the Board may, in the exercise of discretion
notify the members of the Board that an application for exemption
has been made and that if no objections are received to the
exemption from the members of the Board within seven days of the
Chairperson's notice the exemption will be considered granted by
unanimous consent and the Chairperson may in the exercise of
discretion, deem the exemption adopted as a temporary rule.
Exemptions so adopted will be placed on the Board's agenda as a
unanimous consent calendar for -atification or adoption as a
permanent rule by the Board at the next meeting of the Board.
Statutory Authority: ORS Chapter 279
Hist:
yae..
tk